Cranston v. Crane
Massachusetts Supreme Judicial Court
Writ op entry. Plea, nul disseisin. The case came before this court on appeal from a judgment for the tenant rendered in the superior court on an agreed statement of facts the material parts of which were as follows: On June 1, 1864, the tenant, being seised and possessed of the demanded premises, situated in Dedham, executed a deed of mortgage with power of sale of them, for five thousand dollars, payable in five years, with interest payable-semi-annually, to Irene G.…
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Writ op entry. Plea, nul disseisin. The case came before this court on appeal from a judgment for the tenant rendered in the superior court on an agreed statement of facts the material parts of which were as follows: On June 1, 1864, the tenant, being seised and possessed of the demanded premises, situated in Dedham, executed a deed of mortgage with power of sale of them, for five thousand dollars, payable in five years, with interest payable-semi-annually, to Irene G. Cranston, wife of Barzillai Cranston of Providence in Rhode Island. His deed provided that “ if default shall be made in the…
1Opinion of the CourtWells, J.
Several objections are made to the sufficiency of the proceedings by which the power of sale, contained in the mortgage from the defendant to Irene G. Cranston, was executed by the mortgagee. To effect a valid sale under a power, all the directions of the power must be complied with.
The principal objection in this case is that the donee of the power executed the deed to the purchaser by her own signature and seal. When the power merely authorizes the donee to execute a deed in the name of the donor, or as his attorney, it must be so executed; and the deed of sale will then be the deed of the…
2Cited by28 opinions
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- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Culhane v. Aurora Loan ServicesDistrict Court, D. Massachusetts · 2011
- Sandler v. GreenMassachusetts Supreme Judicial Court · 1934
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
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